Page No.# 1/4 GAHC010253762024 2025:GAU-AS:2414 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1465/2024 NITUL GAYAN S/O LT. BANAMALI GAYAN R/O MUHONI, PURONIGUDAM CHARIALI, P.S. SAMAGURI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, GOVT. OF ASSAM 2:MUSLIMA KHATOON W/O LT. HADISH HUSSAIN R/O A.D.P. ROAD CHRISTIAN PATTY P.S. NAGAON SADAR DIST. NAGAON ASSA Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.03.2025 1. Heard Ms. G. Borah, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor, Assam. 2. The petitioner has preferred this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 praying for the intervention of this Court as the First Appellate Court has not passed any effective order on the question of suspending the sentence against which the appeal has been filed by the petitioner before the First Appellate Court. 3. The fact relevant for consideration of the instant criminal petition is that the petitioner was arrayed as an accused in N.I. Case No. 93/2016, which was filed by the respondent No. 2. 4. In the said case, the Court of the learned Chief Judicial Magistrate, Nagaon by the judgment and order dated 28.02.2024, had convicted the petitioner and sentenced him to pay a fine of Rs. 32,00,000/- (Rupees Thirty-two Lakhs) only and also to undergo simple imprisonment for 6(six) months. It was also directed that the petitioner is liable to pay an interest @9% on an amount of Rs. 16,00,000/- (Rupees Sixteen Lakhs) only from the date of acknowledgment of notice till the date of full and final payment. 5. It is submitted by the learned counsel for the petitioner that the Page No.# 3/4 petitioner had preferred an appeal against the aforesaid judgment passed by the Court of the learned Chief Judicial Magistrate, Nagaon in the Court of the learned Sessions Judge, Nagaon. The said appeal was registered as Criminal Appeal No. 13/2024. 6. The learned counsel for the petitioner has submitted that, along with the said appeal, the petitioner had also filed an application under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of the sentence imposed on the petitioner/appellant during the pendency of the said appeal. 7. It is submitted by the learned counsel for the petitioner that, on 06.04.2024, the First Appellate Court directed the petitioner to submit his response as to why he shall not be directed to deposit 20% of the fine amount at the time of the admission of the appeal. 8. The learned counsel for the petitioner has submitted that thereafter, several dates were given by the First Appellate Court, however, neither a decision on the application for suspension of sentence has been made by the First Appellate Court nor the appeal filed by the present petitioner is admitted till date. 9. I have considered the submissions made by the learned counsel for the petitioner. 10. Though this application has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, this Court is of the considered opinion that considering the facts of this case, the powers of superintendence under Article 227 of the Constitution of Page No.# 4/4 India are required to be exercised in this case by this Court. It is apparent from the records that for almost one year, the appeal filed by the present petitioner against the impugned judgment, passed in N.I. Case No. 93/2016 is pending and same is yet to be admitted and the decision on suspension of sentence during the pendency of the appeal as well as decision as to whether 20 % of the fine amount is to be imposed under Section 148 of the N.I. Act, 1881 is yet to be taken. It appears that considerable delay has been caused without any just cause for the said delay. 11. Under the facts and circumstances of this case, this criminal petition is deposed of with a direction to the First Appellate Court, i.e. the Court of the learned Sessions Judge, Nagaon to pass an effective order on the prayer for suspension of sentence during the pendency of the appeal i.e. Criminal Appeal No. 13/2024, filed by the petitioner within a period of 1(one) month from the date of this order positively. 12. Let a copy of this order be furnished to the learned Sessions Judge, Nagaon for compliance. JUDGE Comparing Assistant